S-14.1 - Act respecting the Société du Palais des congrès de Montréal

Updated to 21 December 2007

This document has official status.

chapter S-14.1

Act respecting the Société du Palais des congrès de Montréal

DIVISION I ESTABLISHMENT AND COMPOSITION OF THE CORPORATION

1. A body hereinafter called the “legal person” is established under the name of “Société du Palais des congrès de Montréal”.

1981, c. 6, s. 1; 1999, c. 40, s. 289.

2. The Société is a legal person.

1981, c. 6, s. 2; 1999, c. 40, s. 289.

3. The Société is a mandatary of the State.

The property of the Société forms part of the domain of the State, but the performance of its obligations may be levied against its property.

The Société binds none but itself when it acts in its own name.

1981, c. 6, s. 3; 1999, c. 40, s. 289.

4. The head office of the Société is in the territory of Ville de Montréal.

1981, c. 6, s. 4; 1996, c. 2, s. 916; 1999, c. 40, s. 289.

5. The Société is administered by a board of directors consisting of 11 members, including the chair and the president and chief executive officer.

The Government shall appoint the members of the board, other than the chair and the president and chief executive officer, taking into consideration the expertise and experience profiles approved by the board. Members of the board are appointed for a term of up to four years, and at least three of them are appointed after consultation with bodies representative of the sector.

1981, c. 6, s. 5; 1999, c. 40, s. 289; 2007, c. 37, s. 12.

6. The Government shall appoint the chair of the board of directors for a term of up to five years.

On the expiry of their term, board members remain in office until they are replaced or reappointed.

1981, c. 6, s. 6; 2007, c. 37, s. 13.

7. A vacancy on the board of directors is filled in accordance with the appointment rules set out in this Act.

Non-attendance at a number of board meetings determined by the internal management by-laws of the Société constitutes a vacancy in the cases and circumstances specified in those by-laws.

1981, c. 6, s. 7; 1999, c. 40, s. 289; 2007, c. 37, s. 13.

8. On the recommendation of the board of directors, the Government shall appoint the president and chief executive officer taking into consideration the expertise and experience profile established by the board.

The president and chief executive officer is appointed for a term of up to five years.

The Government shall determine the remuneration, employee benefits and other conditions of employment of the president and chief executive officer.

1981, c. 6, s. 8; 1999, c. 40, s. 289; 2007, c. 37, s. 13.

9. If the board of directors does not recommend a candidate for the position of president and chief executive officer in accordance with section 8 within a reasonable time, the Government may appoint the president and chief executive officer after notifying the board members.

1981, c. 6, s. 9; 1999, c. 40, s. 289; 2007, c. 37, s. 13.

10. If the president and chief executive officer is absent or unable to act, the board of directors may designate a member of the Société’s personnel to exercise the functions of that position.

1981, c. 6, s. 10; 2007, c. 37, s. 13.

11. The office of president and chief executive officer is a full-time position.

1981, c. 6, s. 11; 2007, c. 37, s. 13.

11.1. Board members other than the president and chief executive officer receive no remuneration, except in the cases, on the conditions and to the extent that may be determined by the Government. They are entitled, however, to the reimbursement of expenses incurred in the exercise of their functions on the conditions and to the extent determined by the Government.

2007, c. 37, s. 13.

12. Employees of the Société may not, under pain of forfeiture of office, have any direct or indirect interest in any undertaking causing their interest to conflict with that of the Société. However, forfeiture is not incurred where the interest devolves to them by succession or gift, provided they renounce or dispose of it with dispatch.

1981, c. 6, s. 12; 1999, c. 40, s. 289; 2007, c. 37, s. 14.

13. (Repealed).

1981, c. 6, s. 13; 1999, c. 40, s. 289; 2007, c. 37, s. 15.

14. The secretary and the other members of the personnel of the Société shall be appointed in accordance with the staffing plan established by by-law of the Société.

Subject to the provisions of a collective agreement, the Société shall determine, by by-law, the standards and scales of remuneration of the members of its personnel in accordance with the conditions defined by the Government.

1981, c. 6, s. 14; 1999, c. 40, s. 289; 2000, c. 8, s. 205.

15. The Société may make any by-law respecting the exercise of its powers and its internal management.

1981, c. 6, s. 15; 1999, c. 40, s. 289.

16. The by-laws of the Société, except those made under section 14 and those made for its internal management under section 15, come into force upon approval by the Government.

1981, c. 6, s. 16; 1999, c. 40, s. 289; 2000, c. 8, s. 206; 2007, c. 37, s. 16.

17. The minutes of the sittings of the board of directors, approved by the board and certified true by the chair or by the secretary, are authentic, as are documents or copies emanating from the Société or forming part of its records, if certified true by the secretary.

1981, c. 6, s. 17; 1999, c. 40, s. 289; 2007, c. 37, s. 17.

DIVISION II OBJECTS AND POWERS OF THE SOCIÉTÉ

1999, c. 40, s. 289.

18. The Société has the following objects:

(1)  to manage and operate the Palais des congrès de Montréal;

(2)  to draw up development or operational plans for the Palais des congrès; and

(3)  to carry on such commercial and other activities as may foster the development of the Palais des congrès and take up their operation, promotion and management;

(4)  (paragraph repealed).

1981, c. 6, s. 18; 1983, c. 40, s. 89; 1999, c. 40, s. 289; 2007, c. 37, s. 18.

19. (Repealed).

1981, c. 6, s. 19; 1983, c. 40, s. 90; 1999, c. 40, s. 289; 2007, c. 37, s. 19.

20. The Société may associate or contract with any person to attain its objects.

1981, c. 6, s. 20; 1999, c. 40, s. 289.

21. In no case may the Société, without the authorization of the Government,

(1)  contract a loan that causes the total of its current outstanding loans to exceed the amount determined by the Government;

(2)  build, acquire or dispose of immovables;

(3)  make a financial commitment for a greater amount than that determined by the Government;

(4)  acquire or hold stocks or shares of another legal person.

1981, c. 6, s. 21; 1999, c. 40, s. 289; 2007, c. 37, s. 20.

22. The Government may make regulations respecting the conditions governing contracts of the Société and determine in what cases such contracts are subject to the approval of the Government or the Conseil du trésor.

Any regulation made under this section comes into force on the day of its publication in the Gazette officielle du Québec or on any later date fixed therein.

1981, c. 6, s. 22; 1999, c. 40, s. 289.

DIVISION III GOVERNMENT GUARANTY

23. The Government may

(1)  undertake, on such conditions as it may fix, to meet the temporary needs of the Société for liquid assets in such a manner as to enable it to ensure, at maturity, the repayment of the capital and the payment of the interest on any loan contracted by the Société;

(2)  authorize the Minister of Finance to advance to the Société any amount deemed necessary to carry out this Act, at such rate of interest, for such period of time, and on such other conditions as it may fix;

(3)  guarantee, on such conditions as it may fix, the payment in capital and interest of any loan or other obligation contracted by the Société.

1981, c. 6, s. 23; 1999, c. 40, s. 289.

24. The sums required for the application of section 23 are taken out of the Consolidated Revenue Fund.

1981, c. 6, s. 24.

25. The sums received by the Société are used to meet its obligations and the balance is paid, on the motion of the Government, into the Consolidated Revenue Fund.

1981, c. 6, s. 25; 1999, c. 40, s. 289.

DIVISION IV ACCOUNTS AND REPORTS

26. The fiscal period of the Société ends on 31 March each year.

1981, c. 6, s. 26; 1999, c. 40, s. 289.

27. The Société must, not later than 31 July each year, make a report of its activities for the preceding fiscal period to the Minister.

The report must further contain all the information prescribed by the Minister.

The report must be tabled before the National Assembly if it is in session or, if it is not sitting, within 30 days after the opening of the next session or, as the case may be, within 30 days after resumption.

1981, c. 6, s. 27; 1984, c. 36, s. 43; 1994, c. 16, s. 47; 1999, c. 40, s. 289.

28. The Auditor General shall audit the books and accounts of the Société every year and also whenever so ordered by the Government. The report of the Auditor General must accompany the annual report of the Société.

1981, c. 6, s. 28; 1985, c. 38, s. 85; 1999, c. 40, s. 289.

29. The Société must furnish to the Minister any information that he requires on its activities.

1981, c. 6, s. 29; 1999, c. 40, s. 289.

DIVISION V FINAL PROVISIONS

30. The Minister of Tourism is responsible for the carrying out of this Act.

1981, c. 6, s. 30; 1984, c. 36, s. 43; 1994, c. 16, s. 48; 1996, c. 13, s. 21; 1999, c. 43, s. 14; 2003, c. 19, s. 251; 2003, c. 29, s. 141; 2005, c. 37, s. 40.

31. (Omitted).

1981, c. 6, s. 31.

32. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 31; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 6 of the statutes of 1981, in force on 31 December 1981, is repealed, except section 31, effective from the coming into force of chapter S-14.1 of the Revised Statutes.